Affidavit Of Memorandum for Canada

Affidavit Of Memorandum Template for Canada

An Affidavit of Memorandum is a formal sworn document used in Canadian jurisdictions to officially record and verify statements of fact, agreements, or significant events. It serves as a legally binding record that can be used in various contexts, from business transactions to legal proceedings. The document must comply with federal and provincial requirements for affidavits, including proper execution before a commissioner for taking affidavits or a notary public. It contains detailed statements organized in numbered paragraphs, with the option to include supporting exhibits and appendices as needed.

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What is a Affidavit Of Memorandum?

The Affidavit of Memorandum is a crucial legal instrument within the Canadian legal system, used to create an official record of facts, events, or agreements that may be relied upon in various legal and business contexts. This document type requires the affiant to make statements under oath or solemn affirmation, making it a powerful tool for preserving evidence and establishing facts. The document must be executed in compliance with both federal and provincial legislation governing affidavits, including the Canada Evidence Act and provincial Commissioners for Taking Affidavits Acts. An Affidavit of Memorandum can be used in numerous situations, such as recording business agreements, documenting corporate decisions, preserving evidence of events, or establishing facts for legal proceedings. It typically includes detailed statements, supporting documentation, and must be properly witnessed and sealed by authorized officials.

What sections should be included in a Affidavit Of Memorandum?

1. Title and Jurisdiction: Specifies the type of affidavit and the jurisdiction where it is being sworn

2. Affiant Information: Full legal name, address, and occupation of the person making the sworn statement

3. Oath Declaration: Standard declaration that the affiant is swearing/affirming the truth of the statements

4. Background Context: Brief explanation of the purpose of the affidavit and relevant background information

5. Statement of Facts: Numbered paragraphs containing the main substance of the memorandum

6. Verification Statement: Affirmation that the contents are true to the best of the affiant's knowledge

7. Signature Block: Space for affiant's signature, commissioner's/notary's signature, and official stamp

8. Jurat: Formal closing stating when and where the affidavit was sworn

What sections are optional to include in a Affidavit Of Memorandum?

1. Exhibits Reference: Section referencing any attached documents or exhibits, used when supporting documents are included

2. Interpreter Declaration: Required when the affidavit is sworn through an interpreter

3. Corporate Authority: Added when the affiant is making statements on behalf of a corporation

4. Third Party Declarations: Used when including statements or information from other parties

5. Confidentiality Statement: Added when the affidavit contains sensitive or confidential information

What schedules should be included in a Affidavit Of Memorandum?

1. Exhibit A - Supporting Documents: Copies of relevant documents referenced in the affidavit

2. Exhibit B - Photographic Evidence: Any relevant photographs or visual evidence referenced

3. Exhibit C - Corporate Documents: Corporate records, resolutions, or certificates if relevant

4. Appendix 1 - Definitions: Detailed definitions of technical terms or specific references used in the affidavit

5. Appendix 2 - Chronology: Timeline of events if the affidavit covers a sequence of events or transactions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Real Estate

Corporate Services

Government and Public Sector

Healthcare

Education

Construction

Manufacturing

Professional Services

Non-Profit Organizations

Relevant Teams

Legal

Compliance

Human Resources

Corporate Governance

Risk Management

Operations

Administrative Services

Document Control

Corporate Secretariat

Business Development

Relevant Roles

Legal Counsel

Corporate Secretary

Compliance Officer

Human Resources Manager

Real Estate Agent

Business Development Manager

Contract Administrator

Risk Manager

Corporate Governance Officer

Operations Manager

Project Manager

Executive Assistant

Legal Administrator

Document Controller

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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